New York Laws
Article 37 - Central School Districts
1803-A - Alternative Voting Procedure.

§ 1803-a. Alternative voting procedure. 1. When an order laying out a
central school district has been made and entered as provided in section
eighteen hundred one of this chapter, and the petitions referred to in
paragraph a of subdivision one of section eighteen hundred two thereof
have been, or are being, presented and filed with the commissioner, a
second petition may be presented by persons qualified to vote in any
school district, all of which is included in the area of the central
school district as laid out by such order, and which school district at
the time of such order maintained its own schoolhouse. Such second
petition may request the alternative voting procedure authorized by this
section, and shall be signed by at least one hundred qualified voters of
such district or by a number of such qualified voters equal to at least
ten per centum of the pupils of such district as determined by the last
school census, whichever shall be less; provided, however, that such
second petition must, in any event, contain not less than ten
signatures. Such second petition shall be filed with the commissioner at
the same time as the first petition is filed. If the commissioner is
satisfied that both petitions have been duly signed as provided by law,
he shall fix a time and place for an election of the qualified voters
within the central school district, which said election shall be held
not more than thirty days after the filing of the petitions aforesaid.
The commissioner shall cause notice of such election to be posted at
least ten days prior thereto in three conspicuous places in each school
district wholly or partly within the central school district. In
addition to the posting of such notice, a copy thereof shall be
published at least three days before the election in a daily or weekly
newspaper published within the territory or in a newspaper circulating
therein. The expense of posting and publishing of the notice shall be
borne equally by the several school districts within the territory,
unless a central school district is organized, in which event such
expense shall become a charge upon said central school district.

2. Elections for the establishment of a central school district under
the provisions of this section shall be conducted as follows:

a. They shall take place on a day and at a place designated by the
commissioner for a vote by all the qualified voters within the central
school district, except as otherwise provided in paragraph b of this
subdivision.

b. The qualified voters of any school district from which a second
petition pursuant to subdivision one of this section has been received,
shall vote on the designated day at the principal schoolhouse located in
such district. Such petitioning district shall be known as a special
election district.

c. The election shall take place during at least four consecutive
hours between the hours of seven o'clock in the forenoon and ten o'clock
in the evening, as determined by the commissioner of education.

d. The ballots for the election shall be furnished by the commissioner
of education and shall contain a resolution in substantially the
following form: "Resolved that the ........... central school district
(add designation) as described in the order of the commissioner of
education be organized and a central school for instruction in
elementary and high school subjects be established."

e. Before each person casts his ballot he shall be required to sign a
statement contained in a poll book provided for the purpose, declaring
that he is a qualified voter within the central school district.

f. Provision shall be made for the use of absentee ballots as provided
under section two thousand eighteen-a or two thousand eighteen-b of this
chapter, whichever shall apply.

3. The commissioner shall appoint a board of canvass whose duty it
shall be to act as a board of elections at the central voting place
designated by the commissioner pursuant to paragraph a of subdivision
two of this section, and also to act as a board of canvass for the
entire area included in the central school district, including any
district petitioning pursuant to subdivision one of this section. Such
board shall, as soon as the ballot boxes and books containing the names
of the voters have been delivered to the board of canvass at the place
designated by the commissioner, count the ballots of all those voting in
the central school district. Prior to ascertaining the manner in which
any voter has marked a ballot, the number of ballots from the central
voting place and each special election district shall be counted
separately without opening them and if the number does not correspond
with the number of names contained in the poll book of such central
voting place or special election district, the board before canvassing
the ballots, shall withdraw therefrom a number sufficient to make the
number of ballots correspond with the number of names in the poll book.
Such board shall then canvass the vote of the central voting place and
of each special election district separately and certify to the
commissioner the total number of votes cast at the central voting place
and at each special election district, the number of valid votes cast
for the organization, the number of valid votes cast against the
organization, the number of void ballots and the number of blank
ballots. A majority of the valid votes cast at the central voting place
and at each special election district shall be necessary to establish
the central school district. The board of canvass shall seal the books
and the ballots immediately upon the completion of the certificate,
setting forth the result and shall retain them in its possession for at
least thirty days. If an appeal is brought from an action of the
meeting, the ballots shall be available for the inspection of the
commissioner. The board of canvass shall file a copy of such certificate
with each school superintendent in whose jurisdiction the central school
district, or any part thereof, is or may thereafterward be located, and
shall also file a copy thereof with the town clerk of each town in which
any part of such central school district is or may thereafterward be
located.

4. a. The trustee or board of trustees or education of each special
election district shall act as an election board for the conduct of the
election in such district. The sole trustee or president of the board
shall administer the challenges. If the president of the board is not
available, the board may elect any one of its members in his stead. If
no one is otherwise available or if during the course of the election it
becomes necessary for a trustee in a one-trustee district to absent
himself, the district superintendent of schools shall designate a voter
of the election district to carry out the duties of the election board.
Such board shall furnish a padlocked ballot box.

b. After the polls are closed, and after all persons within the room
have voted, the election board shall forthwith proceed to deliver to the
board of canvass at the place designated by the commissioner of
education the ballot box and the book containing the names of the
voters. Any wilful violation of this paragraph shall be a misdemeanor.

5. Upon an appeal to the commissioner of education, substantial
compliance with the procedures herein required shall be sufficient to
meet the intent of this section.

6. If the resolution described in subdivision two of this section
shall be defeated, no such elections or meeting shall again be called
within one year after such elections. If no elections or meeting shall
be called to reconsider the question within two years after such

original elections or if at any such elections or meeting called within
two years of such original elections the resolution shall again fail of
adoption, the order of the commissioner of education to which the
resolution relates shall be null and void and of no further force and
effect.

7. If at such election the resolution referred to in subdivision two
is adopted, the commissioner of education shall fix a time and place for
a special meeting of the qualified voters within the central school
district for the purpose of electing a board of education. The
commissioner shall cause notice of such meeting to be posted at least
ten days before the meeting in three conspicuous places in each former
school district wholly or partly within the central school district. In
addition to the posting of such notice, a copy thereof shall be
published at least three days before the meeting in a daily or weekly
newspaper published within the territory or in a newspaper circulating
therein. The expense of posting and publishing of the notice shall be
upon said central school district.

8. The commissioner of education may order such modifications in the
manner of voting on the resolution described in subdivision two of
section eighteen hundred three of this chapter and for the election
described in subdivision seven of this section as are customary in
school district elections in the community affected by such vote. Such
modifications may include the use of voting machines and the use of
nominating petitions.